IN THE CASE OF:  	  

		BOARD DATE:  17 March 2015	  

		DOCKET NUMBER:  AR20140013609 


THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:

1.  Application for correction of military records (with supporting documents provided, if any).

2.  Military Personnel Records and advisory opinions (if any).


THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests item 15b (High School Graduate or Equivalent) of her DD Form 214 (Certificate of Release or Discharge from Active Duty) with a separation date of 27 July 2005 be corrected to show an "X" in the YES block.

2.  The applicant states she graduated from high school in June 2002.

3.  The applicant provides a copy of her DD Form 214.

CONSIDERATION OF EVIDENCE:

1.  Title 10, U.S. Code, section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice.  This provision of law also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicant's failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so.  While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicant's failure to timely file.  In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.

2.  The applicant enlisted in the Regular Army on 11 February 2003.
  
3.  Item 18i (Years/Highest Education Grade Completed) of her DD Form 1966 (Record of Military Processing - Armed Forces of the United States) contains the code 12L.  According to Army Regulation 601-210 (Regular Army and Army Reserve Enlistment Program), then in effect, the code 12L is used for an individual with a diploma or official certified copy of a transcript who has attended and completed a traditional 12-year graded day program of classroom instruction.

4.  Item 30 (Data Verification by Recruiter) of her DD Form 1966 describes the actual documents used to verify certain items.  For item 30e (Education) the recruiter indicated he reviewed the applicant's high school diploma.

5.  The applicant was discharged on 27 July 2005.  Item 15b of her DD Form 214 contains an "X" in the “No” block.

6.  Army Regulation 635-5 (Separation Documents), then in effect, established the standardized policy for preparing and distributing the DD Form 214.  This regulation indicated that an "X" was to be placed in the appropriate box in
item 15b to indicate whether the member was a high school graduate or equivalent.

DISCUSSION AND CONCLUSIONS:

The entry in item 18i and the recruiter's verification of the applicant's education on her DD Form 1966 indicate that it was known at the time of her enlistment that she had a high school diploma.  It is clear that an administrative error occurred in the completion of her DD Form 214.  Therefore, it is appropriate to enter an "X" in the “Yes” block of item 15b of the applicant's DD Form 214 with a separation date of 27 July 2005.

BOARD VOTE:

____X___  ____X___  ____X___ GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION




BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was sufficient to warrant a recommendation for relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by deleting the "X" in the “No” block of item 15b of her DD Form 214 with a separation date of 27 July 2005 and entering an "X" in the “Yes” block.




      ____________X____________
                  CHAIRPERSON
      
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.

ABCMR Record of Proceedings (cont)                                         AR20140013609



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ABCMR Record of Proceedings (cont)                                         AR20140013609



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